Chap. 228.—An ACT to amend the Code of Virginia by adding a new section num-
bered 53-a, authorizing cities and counties to establish jointly owned ceme-
teries, and to provide how such cemeteries shall be established and operated.

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Approved March 15, 1944

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a new section
numbered fifty-three-a, as follows:

Section 53-a. Cities and counties may establish jointly owned cem-
etertes; how maintained and operated.—Any city and county, or any
number of cities and counties, may jointly purchase or otherwise acquire
land for the purpose of improving and establishing a jointly owned cem-
etery or cemeteries, and the governing bodies of the cities and counties
purchasing or acquiring land for joint cemetery purposes shall have the
power to plan any such cemetery and amend and revise any plans so
made, to determine the perpetual up-keep requirements of such cemetery
and of perpetual up-keep lots therein, to fix the purchase price of all lots
therein, and to designate pauper lots and lots with and without perpetual
care.

After acquiring and planning such cemetery or cemeteries, the circuit
court of the county wherein the cemetery is located shall appoint not less
than five nor more than nine trustees, who shall reside in the city or
county, for the purpose of managing and controlling such cemetery. The
trustees shall have the power to convey lots in the cemetery in accord-
ance with the plan thereof, without authority of court, and to include in
deeds of conveyance such reasonable restrictions and conditions as they
deem advisable, and shall have all other powers granted by general law
to trustees of cemeteries. Such trustees shall, before entering upon the
performance of their duties, give bond with ‘approved security and in
such penalty as the court determines for the faithful performance of
their duties.

The trustees shall, upon delivery of a deed for any lot or portion
thereof (except a pauper lot), collect the purchase price and pay it to
the designated treasurer of either the county or city establishing the
cemetery. The amounts received from the sale of lots or portions thereof
as herein determined shall be used by the city and county to pay for the
cost of the land and improvements. All funds for perpetual up-keep
shall be properly invested under the direction of the governing bodies
of the city and county. The balance of the purchase price of lots or
portions thereof, and so much of the income from invested perpetual
care funds as may be needed, shall be paid annually to the trustees, to
be used by them along with ‘all other funds received by them for the
maintenance, operation and up-keep of the cemetery and of the perpetual
care lots therein.